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VOL. XXXVII ~ Cl fl ~ MANNING, ~. '~A, VViNI1a~JJAI, -- JANUARY lA 10117 ___ NO.2 'I. . . 0 WEBOKENYON ACT': HELD TO BE VAUD Most Sweeping Decision Yet Ren dered Upholding Prohibition Laws. BY U. S. SUPREME COURT Washington, Jan. 8.-In the most sweeping of all decisions upholding prohibition laws the Supreme Court today upheld -as constitutional and valid the Webb-Kenkon law prohibit ing shipments of liquor from "wet" to "dry" States. It also sustains West Virginia's recent amendment to her, law prohibiting importation in interstate commerce of liquor for per sonal use. After having been vetoed by Presi dent Taft, whd held it unconstitution al, and having 'been repassed by Con gress over his veto, the law was sus tained by the Supreme Court by a vote of 7 to 2. Leaders of the pro hibition movement declare it is to their fight second only in importance to the proposed constitutiornal amend ment. Lawyers for liquor interests who heard the decision today admitted it upheld and applied the law "in its fullest sense." . Chief Justice White announced the majority opinion, to which Justice Holmes and Vandevanter concurred. Justice McReynolds, while agreeing with the majority decision, did not concur in the opinion. An official digest of the majority olf'n, prepared by the court, sets odr its holdings as follows: "1. That the West Virginia law, besides prohibiting the manufacture and sale of all intixicating liquors ex cept as to that which is permitted for medical, sacramental and manufactur ing purposes, also forbids all trans portation of liquor and all receipt and possession of liquor transported in the State, whether originating in or outside of the State, and although it does not prohibit personal use, puts serious restrictions upon the power to obtain for such use. "The court holds that in view of the well established police authority of the State over intoxicants there is no reason to think that this law was in anywise repugnant to the due pro cess claus of the fourteenth amend ment to the Constitution of the Unit ed States. It, however, decided that unless the State authority has an ex ceptional application to shipments of interstate commerce as the result of the Act of Congress known as the Webb-Kenyon law, the provisions of the State law restricting .shipments of intoxicants into the State from other States would be unconstitutional, be cause interfering with the power of Congress to regulate commerce among the States, and consequently would be a direct burden upon such commerce. "2. Considering the Webb-Kenyon Act, the court holds that there is no ftoundation for the'contention that the act only applies to shipments from one State into another for a use pro hibited by the State te wvhich the li quor is shipped. On the contrary, it is dlecided that the Webb-Kenyon Act, to use the words of the act, applies to shipments of liquor 'intendled to be received, possessed, so1(d or in any manner usedI,' in violation of the laws of the State. ~is this conclusion causes every prohibition of the WVest Virginia law to be embraced and come under the right conferred by Congress by the Webb-Kenyon Act, it is (decidedi that the West Virginia law was not in conflict .vsith the com merce clause of the Constitution and the power of Congress had power to enact the Webb-Kenyon law. "3. Disposing of that question, it is dleidedl that Congress had the . power undier the Constitution to adopt the Webb-Kenyon law, whether con sidlered from the point of view of original reasoning or in the light of the previous legislation by Congress andl the decisions of the court holding that legislation valid. "It is, therefore, dccidled that, by virtue of the Webb-Kenyon law, there is no power to ship intoxicants from one State into another in violation of the prohibitions of the law of the State into which the liquor is shipped. SIn other words, it is decided that since the enactment of the Webb-Ken yon law the channels of interstate commerce may not be used to' convey .liquor into a State against the pro hibition of its laws or to .use Inter - state cornmerce as Lhe basis for a right to receive, possess, sell or In any manner use 'liquor contrary tq the State prohibition." 50U1R~tlLAGISLAlTI ITS ANN Both Houses of General Assembly Spend Opening Day Organizing and Preparing for Work. HOYT SPEAKER OF HOUSE; SEN ATE CHOOSES WALKER Number of Bills Presente'd on Senate Side-Upper Body Accepts In vitation to Visit Winthrop. Columbia, .Jan. 9.--This was dis tinctly a day of organization in the General Assembly. It was otherwise uneventful. (ivernor Manning's ad dress, brief and to the point, was read and made its impression. The temper was to-let well enough alone, and make no changes. This was the view in the reelection of Speaker James A. Hoyt, president of the Senate Pro Tem, Le Grand Walk er and in the reelection of the old staffs from Clerks Marvin M. Mann, of the Senate, and J. Wilson Gibbes, on the House side on down the lis't to the very humblest position. Effi ciency had its reward. Senator Le Grand Walker, who has served in the Senate for 24 years and who the title of the "Grand plan of the Senate," realized that he was making a sacri fice when he was again reelectd as president of the body. To Visit Winthrop. The Senate tried itself a bit this morning on an invitation to visit Win throp College. After some discussion, all pleasant enough, the invitation was-accepted by a vote of 25 to 12. A number of new bills have already been presented on the Senate side, among the more important being two relative to the State cotton warehouse system. The Senate is, so to speak, the post graduate branch of legislation. It is where the methodical and careful work is (lone and the custom is for those older and more experienced in legislative matterp to round off, their 'careers in that body and there give their best legislative services. Out of forty-five Senators, one from each county, half were elected this year. Of the 28 new senators 16 were re elected and 12 are new members. Personnel of Senate. As a record the personnel of the Senate follows: Andrew J. Bethea, I.ieutenant Gov ernor and President. J. A. Banks, Calhoun; J. E. Beam guard, York; A. J. Beattle, Kershaw; J. B. Black, Bamberg; Proctor A. Bonham, Greenville; A. G. Brice, Chester; H. C. Buck, Horry; Niels Christensen, Bea ufort; Charlton Du Rant, Clarendon; J .K. Durst, Green wood; E. C. Epps, Williamsburg; R. D. Epps, Sumter; J. J. Evans, Marl boro; E. B. Friday, Orangeburg; E. R. Ginn, Hampton; .1. D. Griffith, Sa luda; H. H. Gross, Dorchester; J. A. Harvey, Berkely; M. C. Harrelson, Marion; J. Gordon Hughes, Union; J. H. Johnson, Barnwell; Alan John stone) Newberry; T. H. Ketchin, Fair field; Geo. K. Laney, Chesterfield; C. D. Lee, Darlington; J. HI. Manning, Dillon; J1. WV. McCown, Florence; . M. Nickles, Abbeville; B. E. Nichol son, Edgefiekd; W. T. O'D~ell, Pickens; J. G. Padlgett, Colleton; HI. K. Purdy, Jasper; E. C. Ridgell, Lexington; F". C. Robinson, McCormick; W. S. Rog ers, Jr., Spartanburg; J. W. Shelor, Oconee; J1. L. Sherard, Anderson; Huger Sinkler, Charleston; A. F". Snigner, Richiand; Richmond Stacy. Cherokee; Geo. M. Stuckey, Lee; Le Grand G. Walker, Georgetown; JT. Hi. Wharton, Laurens; J. F. Williams, Aiken, D. R. Williams, Lancaster. Many of ,those classed as "new" have had Vlegislature experience. Sen aor Durst tomes. from the House; so does Mr. Fylday, of Orangeburg; Dr. Ridgell, ,of Lexingtoui; Mr. Rodgers, of Spartanburg, and' Mr. Harrelson. Mr. Bonhami, whose iqce is new in the Senate, has long been a capable so licitor. The Senate seldlom changes, andl it is well for~ the State that it is so. The Senate reelectedl: Marion M. Mann, of St. Matthews, as clerk. R. Bev'erley Sloan, of Colubia, as assistant clerk. J1. Fred Shumpert, of Spartanburg, as sergeant-at..armis. Dr. W. S. Stokes, of Bambery, as readhing clerk, 1 Dr. C. A. Freed, of Newberry, asI chaplain. There were no changes. Mr. Mann has entered his ninth year of active nervice "on the desk," and he has al.. w/v'*y been en the job,". na so wah RE BEGINS UAL SESSIONS ON TJR DAY the other officers of the Senate, all of whom were reelected. Bethea's Address. The Senate machinery, after prayer by Dr. Freed, was started by Lieuten and Governor Bethea. Mr. Bethea's address made a fine impression and touched the temper of the body. First came the organization of the Senate, the selection of standing com mittees, then the reading of the com pact annual message of Governor Manning. Senator Buck wanted to clear the desks of the elections just as soon as possible, and had a committee ap pointed to report on the elections to be held this session. Senator Laney also provided for the inauguration of the Governor on the 16th of the month. The Senate received an invitation to visit Winthrop College next Fri day, the 12th. The invitation came through the Governor, as ex officio chairman of the board. The statement was made that the trip was arranged without expense to the State. Senator Padgett suggested that the (late be changed to Friday, the 19th. Senator Banks thought the visits ill-advised and that they did not corn pensate for the time spent. He thought the reports could be studied and that they would give just as good information. If Winthrop be visited then all the colleges should be visited. Mr. Beamguard explained that the train would be paid for by friends of Winthrop by money given the college funds. The day suggsted was Lee's Birthday and a legal holiday. Mr. Manning said the money was given Winthrop, no matter by whom, and if in the treasury it was State money. He was opposed to the trip. Senator Padgett favored the trip from an educational standpoint. He related his experience as a cadet when the Assembly visited that insti tution. Senator Christensen favored thy trip. It was explained that the money came from the interest on a fund given the trustees of Winthrop to do with as they see fit. The ekpense wag about $220 for railroad fares. Senator Sinkler favored accepting the invitation. He favored such trips as educational. Senator Johnstone explained that the House had already accepted the invitation an]l favored its acceptance as an original proposition. The invitation was accepted by a vote of 25 to 12. The Senate at 2 o'clock adjourned until 11 o'clock in the morning. Warehouse Insurance Bill. An imc ortant and far reaching bill as today presented by Senator Banks, of Matthews. It seeks to handle the fire insurance situation as related to the cotton warehouse rys tem. The bill provides: Whereas the State warehouse com missioner is required to keep insured cotton on storage in State ware houses, and wvhereas, a number of the larger insurance companies refused to operate here under the law regulating the insurance passed at the last ses sion of the General Assembly, andl wvhereas the rates charged by the in surance companies operating in South carolina hav'e not been uniform and in many instances are and have been ex cessive, now in ordler to protect stor ers of cotton in State warehouses as well as the State itself from liability on warehouse receipts issued in the name of and under the seal of the State: Section 1. Trhat the State ware house commissioner is (directed to pre pare a schedule of rates of insurance on warehouses operated by the State, andl the cotton stored therein, taking as a basis the rate of insurance no~w being paid on said wvarehouses and cotton. When this schedule shall have been prepared it is to be submit.. ted to the Governor, insurance com. missioner and Comptroller General and1 no rate is to be promulgated without their wvritten approval. Sec. 2. The premiums shall be col lected in advance by the said wvare house commissioner and tur-ned over by ham at the end of each month to Lhe State Treasurer. The State Treas urer shall set aside all moneys collect ad for insurance and paid to him by the said warehouse commissioner to be held as a separate fund for pay ment of losses by fire in the various state warehouses or upon cotton Itoredl therein. When this fund shall 3xceed the sum of $5,000 ~It shall be nvented by the Stnat- Treasuer, in interest bearing scurities which may be rapidly changed into cash. The rate upon the warehouse and the cot ton stored therein shall be fixed with regard to the danger from exposure as practiced by insurance companies in assessing rate upon property, and the schedule when completed by the State warehouse commissioner and approved by the Governor, insurance commissioner, and Comptroller Gener al, be filed in duplicate in the office of the insu ance commissioner, and the State warehouse commissioner. The said schedule shall give the number and location of each warehouse, the rate of insurance and the storage ca pacity of said warehouse, together with a diagram showing all expos ures. The premiums are to be asses sed upon the same system now prac ticed in the State warehouse and pay ment to be made upon the daily aver age numbr of bales on storage so that the assessment shall be only for the time each bale of cotton is actually upon storage and protected against loss by fire. Sec. 3. No risk shall be taken for insurance in any individual instance in excess of the sum of $100,000. Sub divisions of standard construction with fire walls being considered a separate risk. It shall be the duty of the- State warehouse commissioner where an individual risk is in excess of the sum of $100,000 to reinsure in one or more reputable companies either all or any portion of the risk. The State warehouse commissioner is further authorized when in his judg ment it is for the best interest of the State and the protection of the prop erty to reinsure any risk or risks with reputable compnies upon - the best terms obtainable. Sec. 4. The State warehouse commissioner shall prepare a form of insurance policy to b issued to the manager of each warehouse, which is to be kept on file in said warehouse subject to the inspection of any per son with cotton on storag. The said policy to set forth as follows: "A." Rate on warehouse. "B." Rate on cotton stored therein. "C." The portion of the risk carried by the State under the provisions of D"." The names of any company or companies insuring any portion of the risk and the amount carried by each. Sec. 5., In order to carry out the provisions of this act the Governor, Comptroller General, State Treasurer and State warehouse commissioner are directed to xecute a note as ofli cers of the State of South Carolina for one year in the sum of $250,000. The said sun to be paid in the State Treasurer, who shall place same . at interest subject to call. This money to be held subject to the draft of the State warehouse commissioner to meet any loss by fire before th'e p e miums collected shall be sufficient for that purpose. If at the end of the year the premiums collected by th State warehouse commissioner shall not amount to enough to pay said note, then the Governor, Comptroller Gen -ral, State Treasurer and State ware house commissioner shall renew such portion of the note as may be neces sary for another year until the note is fully paid from the premiumis col lected as herein provided. All acts, and parts of acts incon sistent with this act lie and same are hereby rep~ealed. Senate Comnmitteces. At an informal meeting of the hold over members of the Senate the fol lowving standing committee's were agreed upon, and were ratified at the session1 of the Senate today. Agriculture-Alan Johnstone chair mani; J1. 11. Manning, 1H. HI. Gross, E. It. Ginn, J1. E. IBeamguard, RichmondI Stacy, J. A. Harvey, .J. J. Evans, C. D). [ee, Jeff D). Griffith, A. J. Beattie, .J. II. Wharton. Banking and Insurance--E. C. Epps, chairman; Geo. K. Laney, Hlu ger Sinkler, JT. WV. McCown, Geo. M. Stuckey, T. HT. Ketch in, H1. L. Isuck, J1. A. Banks, D. Reece Williams, BI. E. Nicholson, Frank C. Robinson, Charlton D~uRant, E'ducation--G. K. Laney, chairman; I luger Sinkler , John E. Williams, Alan .Johnstone, J. M. Nickles, A. J. Beattie, Charlton DuRant, B. E. Nich olson, C. D. Lee, HI. L. Buck, R. ID. Epps, J1. Henry Johnson, E. C. Rid gill,. Edw. B. Friday. Claims and Grievanc--John F. Williams, chairman; Geo. M. Stuckey, HI. L. Buck, J. G. 1' ty i gers, Jr., J. H. Wharton, H. Klugh Purdy, J. W. Shelor, Maxcy C. lHar relson, C. D. Lee. Finance-Niels Christenson, chair mian; Alan Johnstone, J. W. McCown, J. HI. Manning, Geo. M. Stuckey, E. C~. Epps, J. A. Banks, TF. IH. Ketchin, IR. L~ I3wi/k',J B. neamar,. . Brice, J. L. Sherard, Charlton Du Rant, H. H. Gross. Contingent Accounts-Richmond Stacy,. chairman; E. R. Ginn, A. F. Spigner, W. T. O'Dell, W. S. Rogers, D. Reese Williams, P. A. Bonham. Engrossed Bills"- J. W. Shelor, chairman; George M, Suckey, John F. Williams, J. G. Padgett, Frank C. Robinson, Edw. B. 'Friday, H. Klugh Purdy. Charlton DuRant. Fish, Game - and Forestry-H. L. Buck, chairman; E. C. Epps, Niels Christensen, LeGrand G. Walker, B. E. Nicholson, H. H. Gross, J. G. Pad gett, J. A. Harvey. Police Regulations-B. E. Nichol son, chairman; J. B. Black, Alan Johnstone, Hugher Sinkler, John F. Williams, E. C. Epps, E. C. Didgell, Charlton DuRant. Penal and Charitable Institutions Geo. M. Stuckey, chairman; J. W. Mc Cown, Geo. K. Laney, E. R. Ginn, Niels Christensen, J. Gordon Hughes, H. L. Buck, W. T. O'Dell, W. S. Rod gers, Frank C. Robinson, J. H. Whar ton, H. Klugh Purdy. Commerce and Manufacturers-D. Reese Williams, chairman; J. B. Black, E. R. Ginn, J. J. Evans, J. L. Sherard, C. D. Lee, Maxey C. Harrel son, J. Henry Johnson, P. A. Bonham, W. S. Rodgers, Edw. B. Friday, J. K. Durst. County Offices and County Officers -J. M. Nickels, chairman; J. W. Mc Cown, LeGrand G. Walker, E. R. Ginn, II. L. Buck, C. D. Lee, Jeff D. Griffith, J. Henry Johnson. Enrolled Bills-J. L. Sherard, chair man; John F. Williams, J. M. Nickels, P. A. Bonham, J. W. Shelor, E. C. Ridgell, Charlton DuRailt, Edw. B. Friday. Federal Relations-W. T. O'Dell, J. J. Evans, J. R. Ginn, J. G. Padgett, Richmond Stacy, D. Reese Williams, Drainage arnd Immigration-E. R. Ginn, chairman; J. H. Manning, J. A. Banks, J. A. Harvey, A. G. Brice, J. G. Padgett, H. 1H. Gross, II. Klugh Purdy, Edwin B. Friday, J. Henry Johnson. Incorporations--A. G. Brice, chair man; II. L. Buck, 11. 11. Gross, J. C. Padgett, D. Reese Williams, J. M. Nickels ,J L.- erard, Frank C. Rob ison, W. S. gers, R. I). Epps, Mavey C. Harrelson. Penitentiary--Il. I. Gross, chair man; R. E. Nicholson, E. R. Ginn, .1. Gordon Hughes, W. T. O'Dell, 11. Klugh Purdy, J. 11. Wharton, A. J. Beattie. Judiciary-Huger Sinkler, chair man; LeGrand G. Walker, G. K. La aey, B. E. Nicholson, John F. Wil liams, A. F. Spigner, J. M. Nickles, J. G. Padgett, D. Reese Williams, J. Gordpn Hughes, R. D. Epps, J. J. Evans, P. A.. .nham. Public Build 5-J. Gordon IHugh es, chairman; ' E. Nicholson, J. A. Harvey, J. -, -vans, J. M. Nickles, E. C. Ridgel, 'T. H. Ketch in. Militar"-J. G. Padgett, chairman; George K. Lanoy, J. A. Banks, J. .1. Evans, R. D,( s, Edw. B. Friday, J1. D. Durst, )I lugh Purdy, Jeff' 1). Griffith. Medical Affairs--J. B. Black, chair man; George K. Laney, John F. Vil liams, A. .1. Beattie, J. K. Durst, ). Reese W.illiams, P. A. Bonham. Public Landl--A. .J. Beattie., chair man; \V. T1. O'Dell, E. R. Ginn, .John F". Williams, J. C. P'adgett, Fran k C. Rohinson. Retrenchmients-P. A. Bonihami, chairman; WV. T. O'Dell, Mexey C. lHarre'lson, Jeff D. Griffith, HI. Klugh Purdy, Edw. B. Friday, .J. HIenry .Johnson. Rules-J. HI. M~anning, chtairman; IIluger* Sinkler, B. E. N icholsoni, J1. L. Sherard, D). Reese Williams, A. F. Speigher, Charlton DuRant. Roads, Bridlges and1( F'erries-J. A. H arve.y, chairmian ; Alann ,Johnstone, HI. L. Buck, TI. II. Ketchin, Maxey C. Iliarrelson, WV. S. Rodgers, J1. \V. She lor. L.egislative. Library--J. J1. Eve.ns, chairman; LeG rand G. Walker, E. C. E~pps, J1. L. Shierard, A. C. Brice, Charlton D~uRanit, W. S. Rodgers. Mlines and M ining-.-Charlton D~u Rant, chairman; J. B. Black, Hluget' Sinkler, Niels Christensen, 11. L~. Buck, John D. Griffith. Privileges and Elections--J. E. Beamguardl, chairman; J1. WV. McCown, Geo. K. Laney, Richmond Stacy, A. CG. Brice, Charlton Duflant, 'J HT. Wharton, J. L. Sherard. Printing-J. A. Banks, chairman; Niels Christensen, J. W. McCown, Geo. K. Laney, B. E.. Nicholson, HI. H1. Cross, J. J. Evans, D. -Reese Williams, Charlton DuRant, C. D. Lee. Railroads and Internal Improve ments--J. W. McCown, chairman; C. D. Lee, J. ,Gordon' lughes, Charlton D~uRant, R. D. Epps, A. J. Ileattie, Frank C. Robinson, J. IK. Durst, J1. WV. Shelor. J. Henry .Johnson, Max.,,C. YORK IS SCEE Of DISASTROUS FIRE McNeil Block, Containing Postoffice, Bank, Opera House and Stores Burned. LIKELY STARTED IN TRASH York, Jan. 8.-Fire, which is believ ed to have originated in a trash 'pile at the foot of a stairway, destroyed the McNeil building, on Main street, here this morning, entailing a prop erty loss variously estimatel at from $80,000 to $100,000, and only partial ly covered by insurance. . The fire was discovered about 9:30 o'clock and was still burning tonight, although it has been under control since noon. In response to a call for help the Rock Hill fire department came over at 11 o'clock on a special train and assisted materially in getting the con flagration under control. The Loan and Savings Bank, the York post office, the Yorkville hardware store and the W. E. Ferguson Grocey Com pany occupied the ground floor of the building, and these quarters were completely destroyed. All Records Saved. The records of the bank and other valuables were secured and placed in the safe before the fire broke in. All the mail and records in the postoflice were removed to safety. The York ville Hardware Company's $20,000 stock was completely destroyed, with only $7,000 insurance. W. E. Fergu son's stock was valued at about $2,000, with about $750 insurance. The second story was occupied by the White Rose Club, the Yorkville Opera House, Cartwright and Jones, dentists; Dr. J. J. Glenn, physici.a; H. C. Allen, architect; J. R. Lindsay, fire insurance; Dr. D. L. Speider, op tician, and the York public librrry, all of which quarters were totally de stroyed, with a loss to furniture and fixtures of several thousand dollars, and very little insurance. The building, which was the prop erty of Mrs. S. M. McNeil, was valu ed at about $40,000 with only $10,000 insurance. Mrs. McNeil 'told The News and Courier correspondent : had not decided whether or not she, would rebuild. The loss is unques tionably the greatest this town has. suffered in a quarter of a century. - 0 - DEATH SENTENCE FOR T HE BOSTON BROKER Adjudged Guilty of Killing His Wife Then Firing Cottage to Hide Crime. Ossipee, N. I., Jan. 9.-Frederick L. Small today was sentenced to be hanged on January 15, 1918, for the murder of his wife, Mrs. Florence A. Small, at Mountain View on Septem ber 28 last, in accordance with the verdict of a jury Monday night. Judge John Kivel asked Small if had anything to say why sentence or death should not be prononnced in accordance with the verdict r t ln ed last night. "I have, Your Honor," said Gn , "I know no more about the crtimie timr! you do. I am innocent person.'" Clerk Kenison then read fh>en tence, in whliich Small was orderee. by .Judge K ivel confined in state pr mon until January 15, 19)18. The law n qIuires at least a yearI andl a day be tweegi the panssin~e of sentence and. it. execution. Thel court allowed h dlays for the filing of a hill of exwep' tions. .lThe murdler oef Mrs. Small, Sept. 28, was committed in a cottage' - at Mountain View. 'The woman hadl been beaten about the head, shot through the forehead an satrangled by a cordl before the house was - stroyedl by fire. TIhe crime wouald never have been d iscoveredl had nmot the partly burned body' drtopped in t a pool of water in the basement. Small had left the house to go to Bostoni seven hour is before the Ila mes were dIiscoveredl, but the Staite 'otenm d that he. had amrranged a (clockwo rk contrivance wh~mich had kindled t he lire. For a motive' the~ state pointed ut that Small would benefit from a $20,000 life insurance policy by his T1he dlefense contended that Mrs. 9fmall had been murdered after her iusband had gone to Boston. larrelson, ,Jeff' D. Griffith, E. C. Rid Jell, H. Kluigh Purdy, Richmond stacy.. Local Legislation--T. H1. Ketchin, hairman; A. F. Speigner, J. Gordon Iughes, J. L. Sherard, A. J. Beattie, ~. G. Brice, P. A. B~onhamm, J. llenry ohan.